Determining legal and physical child custody and parenting time language during an uncontested divorce can be difficult.  Typically, people have an idea of what they want, they are unsure of how to put what they want in a judgement or in “legal terms”.  This often time results if fighting because of misunderstandings between the parties.



Typically everyone has joint legal custody.  This allows for the parties to discuss and decide major issues in the child’s life.  Also, it allows both parties to get medical care for the child and have access to medical and school records.  It is very common to have joint legal custody.



Child custody is determined by what is in the best interest of the child.  The best interest of the child determine physical custody.  Physical custody is where the child primarily resides and the person that primarily care for the child.  The best interest of the child  means the sum total of the following factors to be considered, evaluated, and determined by the court. These factors are his follows:

  • The love and affection and other emotional ties between the parties involved and the child.
  • The performance, as a family unit, or the existence or proposed custodial home.
  • The moral fitness of the parties.
  • The mental and physical health of the parties.
  • Domestic violence.
  • Any other factors that the court considered to be relevant in a particular case.

These factors do not have equal weight.  Typically the court looks at who is primarily caring for the child.  If both parents are care for the child, the court can enter an order for joint physical custody.  Joint physical custody doesn’t require equal time.



Parenting time is the schedule that the parties follow in spending time with the child.  The amount of overnights can effect child support. Typically the parties split weekends, holidays, vacation time, and summer time.  The dispute usually arises with midweek time during school.  This can be divided by what works best for the children and parents.






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